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How to get a share of property without a will ?


04-Jan-2023 (In Property Law)
I want to ask you few question related to property, 1. In case there is no Legal will that is left by parents 2. There is also no common agreement among the brothers(legal heir). Then in this case, How a person can get his share in the property? Is there any way by which all legal heir can be brought to court and ask them to give the share to all person?
Answers (3)

Answer #1
852 votes
For your both question I.e. transfer of share in property without will.
First submit that said property is ansestrial or self acquired. If ansestrial property then filed suit for partition and separate possession where property situited.
Answer #2
535 votes
Yes you can file a suit for partition of your ancestral property in which you can demand your share in the ancestral property to be divided and seperated, by filing such suit all legal heirs can be brought to court as respondents and from them you can claim seperation in ancestral property.
Answer #3
913 votes
If you are a Hindu you will have to obtain letter of Administration of the Estate from the District Court concerned , thereafter both the brother can enter into a mutual family settlement as to division of property. For further assistance, kindly get in touch.

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